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Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......ka 1,000.00 each month for the maintenance of the second opposite party. 4. On appeal preferred by the petitioner being Family Appeal No. 2 of 1991 the learned District Judge, Comilla, reduced the amount of maintenance to Taka. 600.00 per month for each of the opposite parties. 5. This Rule un..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made in the petition is allowed, it would tantamount to destroy the principle of separation of the powers of Executive, Legislative and Judiciary and thereby destroy th......t is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made in the petition is allowed, it would tantamount to destroy the principle of separation of the powers of Executive, Legislative and Judiciary ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......mination. That the Syndicate confirmed the constitution of the Selection Board on 29-12-96. The petitioner stated that the Constitution of the Selection Board is against all norms, ethics, equity and principle of natural justice. The petitioner also stated that the Syndicate included the members of ...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......Faridpur he received Taka 37,000.00 from Md. Illias Mia for deposit in his account No.E‑2/139 through pay in slip dated 1‑12‑85 but deposited only 31,000.00 and thereby misappropriated the rest amount of Taka 6,000.00. It was further alleged that the accused also received Taka 1,882.50 through..

Category: Criminal Law | Date: | Hits: 99

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......e are mere administrative guidelines and no legal right can be founded on the office memoran­dums. 15. It is contended on behalf of the res­pondents that this long standing practice based on the principles enunciated in various office Memorandums, creates a legitimate expecta­tion for the rest...... not simply procedural, autho­rity now establishes that here too the Court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is estab­lished, the cour..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......uable lands. The plaintiff with a view to establish bazar and cattle market spent about taka 1,70,000 for purchasing land and transferred the same by registered deeds in favour of defendant No.1. The amount spent by the plaintiff for the development of the land in schedule ‘Ka’ was treated as lo..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ...... or committed a substantial error or defect in the procedure the findings are binding upon the High Court Division in Second Appeal. I refrain myself from referring any decision in this regard as the principle of law is well established. 8. Mr. Khan has seriously argued that the material issue in......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..

Category: Property Law | Date: | Hits: 86

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......the statements made in paragraph Nos. 5 and 6 of the supplementary affidavit, the petitioner is debarred from making any grievance against the show cause cum hearing notice dated 22-1-2007 as per the principles of waiver, acquiescence and estoppel and, as such, the Rule is liable to be discharged. ...... to SEC within two working days from the issuance date of the order and the issuer (i.e. One Bank Ltd.) repeatedly failed to comply with the SEC's aforesaid letters as well as the order which was tantamount to deliberate violation of the securities laws. 8. As a listed company, the petitioner's (..

Category: Business or Commercial Law | Date: | Hits: 237

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......itting an offence and taking forceful possession of the said Shyamahar Dighi and they knew that any consequence including murder to any one of the other party might follow. 36. It is now a settled principle of law that actual participation is not necessary to attract the offence under Section 149...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......side the ex parte dismissal of the suit assigning cogent reasons. The learned Advocate further submits that the learned trial Court by exercising his best discretion in accordance with sound judicial principles set aside the ex parte order of dismissal of the suit on assigning cogent reasons and the...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Procedural Law | Date: | Hits: 87

Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)

....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......ce of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corpo..

Category: Civil Law | Date: | Hits: 117

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......being so authorised by a resolution dated 2-4-97 of the SEC only to present the extracts of that report to the Court and the same is merely a ministerial act and as such there was no violation of the principle that the delegatee cannot further delegate his authority to another person. He contended t......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......he bailor. In Coldman Vs. Hill 1919 1 KB (CA) 443 cows were stolen from the custody of the bailee and he was liable to the bailor since he was negligent in not informing the police. Applying these principles, there is no hesi­tation in saying that the Port Authority is liable for the loss. The H...... Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella cloth. The simple c..

Category: Civil Law | Date: | Hits: 112

Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......the appeal was dismissed. 5. Leave was granted to consider the question whether the Learned Judges of the High Court Division were well founded in applying the case of Amir Hossain and whether the principle of Muzuqullah's case and Nasiruddin Ahmed's case are attracted and whether under Article 6......this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..

Category: Employment/Service Law | Date: | Hits: 196

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......Pukhal Chandra Mondal, 33 DLR (AD) 309. This is a case of separation of jama under section 117(1)(c) of the State Acquisition and Tenancy Act and not a case of amalgamation and consolidation, but the principle laid down therein provides the necessary guidance. In that case it has been held as follow......hat the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for permis­sion to pay the proportionate amount of the rent dues for his existing land in different Khatians. On this application an order wa..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....ne held on 10-3-2006, the petitioner was made the adviser of the mosque managing com­mittee and he was requested to donate some CI sheets for the use of the mosque. Accordingly the petitioner in two installments illegally gave the CI sheets to the mosque, which has never been affected in any disast......d judgment and order was stayed till dis­posal of the appeal. He furnishes a photostat copy of the judgment of the Appellate Division passed in that leave petition. The appeal is now pending. So the principle of law enunciated in the judgment of this Court passed in that Writ Petition has no man­n......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...

Category: Criminal Law | Date: | Hits: 230

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......was not given an opportunity of being heard and the same has contravened the Rule 10 of the Salt Act, 1944 as amended by the SRO dated 30-6-86. It is also submitted that the demand for a consolidated amount of Taka 6,32,66,570.40 was a past and closed transaction and the same is not recoverable from..

Category: Fiscal/Taxation Law | Date: | Hits: 169

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... that after a long period of service in the higher post, the passing of an impugned order, demoting the petitioner to a lower grade, for his no fault and without any show cause notice, is against the principle of natural justice and, as such, the said order being unconstitutional is liable to be set......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ......red to the case of Government of Bangladesh Vs. Dr. Nurul Islam, reported in 33 DLR (AD) 201 wherein it has been held: “Since neither the impugned provisions of the Act nor the rules provide any principle or guideline for the exercise of discretion by the Government when it proposes to retire a......of the plot No.CES(b) CYC 284 Road No.117 from the Dhaka Improvement Trust with such terms and conditions as described in the standard lease agreement dated 17-3-61 upon payment of full consideration amount. The original lease deed is annexure B to this petition. The aforesaid Amina Khatun with a vi..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244